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General Conclusion to Part III

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Chapter Summary

In the context of internationally wrongful acts directly affecting the predecessor State, the reason invoked in doctrine for the theory of non-succession is that the right to claim reparation "belongs" only to the predecessor State as some kind of "personal" right. The successor State has the right to claim reparation on behalf of its new nationals against the State responsible for damage arising from an internationally wrongful act committed before the date of succession. The internationally wrongful act committed before the date of succession will remain unpunished. In the context of internationally wrongful acts directly affecting the predecessor State, several cases were found where the successor State claimed compensation for internationally wrongful acts which occurred before the date of succession, at the time it did not exist as an independent State.

Keywords: internationally wrongful act; predecessor State; State Succession; successor State

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